South-Central Timber Development, Inc. v. Wunnicke
South-Central Timber Development, Inc. v. Wunnicke | |||||||
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Argued February 29, 1984 Decided May 22, 1984 | |||||||
Full case name | South-Central Timber Development, Inc. v. Wunnicke, Commissioner, Department of Natural Resources of Alaska, et al. | ||||||
Citations |
104 S. Ct. 2237; 81 L. Ed. 2d 71; 1984 U.S. LEXIS 88; 52 U.S.L.W. 4631; 14 ELR 20548 | ||||||
Holding | |||||||
Although there is a clearly delineated federal policy, endorsed by Congress, imposing primary manufacture requirements as to timber taken from federal lands in Alaska for export from the United States or for shipment to other States, in order for a state regulation to be removed from the reach of the dormant Commerce Clause as being authorized by Congress, congressional intent must be unmistakably clear. | |||||||
Court membership | |||||||
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Case opinions | |||||||
Majority | White, joined by Burger, Brennan, Blackmun, Powell, Stevens (Parts I, II) | ||||||
Plurality | White, joined by Brennan, Blackmun, Stevens (Parts III, IV) | ||||||
Concurrence | Brennan | ||||||
Concurrence | Powell, joined by Burger | ||||||
Dissent | Rehnquist, joined by O'Connor | ||||||
Marshall took no part in the consideration or decision of the case. | |||||||
Laws applied | |||||||
U.S. Const. Art. I § 8 |
South-Central Timber Development v. Wunnicke, 467 U.S. 82 (1984), was a United States Supreme Court case in which the Court held unconstitutional Alaska's inclusion of a requirement that purchasers of state-owned timber process it within state before it was shipped out of state. According to a plurality opinion by Justice White, Alaska could not impose "downstream" conditions in the timber-processing market as a result of its ownership of the timber itself. The opinion summarized "[the] limit of the market-participant doctrine" as "allowing a State to impose burdens on commerce within the market in which it is a participant, but [to] go no further. The State may not impose conditions [that] have a substantial regulatory effect outside of that particular market."[1]
References
- ↑ Briefs, Casenote Legal (2008), Casenote legal briefs: keyed to courses utilizing Gunther and Sullivan's constitutional law, sixteenth edition. Constitutional law (4 ed.), Aspen Publishers Online, p. 45, ISBN 978-0-7355-7172-3